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Melquiades Gutierrez vs. Enrique H. R. Abila, et al.

MELQUIADES GUTIERREZ, plaintiff-appellant, vs. ENRIQUE H.R. ABILA, RESTITUTO CLEMENTE and MANUEL FRANCISCO, defendants-appellees.

G.R. No. L-59161 | 1982-01-30

D E C I S I O N


ESCOLIN, J.:

This is an appeal taken to the Court of Appeals from an order of the Court of First Instance of Rizal dismissing the complaint for failure to state a cause of action. The order of dismissal having been made on the basis of the pleadings, the Court of Appeals certified the case to Us as one involving purely a question of law.

On August 20, 1979, plaintiff-appellant filed an action for damages against defendants Restituto Clemente, Manuel Francisco and Atty. Enrique H.R. Abila in the Court of First Instance of Rizal (Caloocan City), docketed as Civil Case No. C-7820. Basis of the complaint was the answer...